The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Before a trial decision on invalidation of a trademark right registered by the Defendant by misunderstanding the facts or misapprehension of the legal principles became final and conclusive, the contents infringing on the trademark right of the Defendant’s Republic of Korea were deleted from the photographs, and thereafter there was no fact that the Defendant posted the above photographs on the tables operated by the Defendant.

Even as indicated in the facts charged, the Defendant posted on a Blog a photograph that infringes on the trademark rights of the Republic of Korea Co., Ltd.

Even if there was no intention to infringe the trademark right because it was before the invalidation decision on the trademark right registered by the defendant becomes final and conclusive.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Before deciding on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment as stated in the following column of “criminal facts” at the trial court, and the subject of the judgment was changed by this court. Thus, the judgment of the court below cannot be maintained as it is.

3. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant’s use of a trademark similar to the registered trademark of Monk Korea Co., Ltd. for goods similar to the designated goods can be fully recognized as having infringed on the trademark right.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and thus, the above assertion by the

① The form of a tag that can be confirmed by the photograph (No. 5) of the golf white products posted on the block, as indicated by the Defendant, and the Defendant posted on the block.